dismissed
EB-1A
dismissed EB-1A Case: Sciences
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to submit a brief or additional evidence specifically addressing the reasons for the initial denial, and a request for an extension made 10 months later was denied.
Criteria Discussed
Sustained National Or International Acclaim Failure To Identify Specifically Any Erroneous Conclusion Of Law Or Statement Of Fact For The Appeal
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration Services FILE: fl\ Office: NEBRASKA SERVICE CENTER Date: MH 3 3 03 19852153 PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 5 1153(b)(l)(A) ON BEHALF OF PETITIONER: INSTRUCTIONS : This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that'originally decided your case. Any further inquiry must be made to that office: ' ' Robert Q Wiemann, Director %Administrative Appeals Office * DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1153(b)(l)(A), as an alien of extraordinary ability in the sciences. The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. On appeal, counsel stated that he would submit a brief andlor evidence to the Adrmnistrative Appeals Office (AAO) within 30 days. Counsel dated the appeal June 4, 2004. Ten months later, ths office inquired as to whether a supplemental brief had been submitted. On April 13,2005, counsel requested an additional 30 days in which to file a brief and additional evidence because he was "not aware that this appeal was already transferred" by the director. We fmd that counsel's request for additional time to supplement the record, made more than 10 months after the appeal was filed, does not constitute good cause for granting an extension beyond the initial 30 days. Thus, the request is denied as a matter of discretion pursuant to the regulation at 8 C.F.R. 8 103.3(a)(2)(vii). As stked in 8 C.F.R. 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. Counsel here has not specifically addressed the reasons stated for denial and has not provided any additional evidence. The appeal must therefore be summarily dismissed. ORDER: The appeal is dismissed.
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